Van Wormer v. Kramer Bros. Freight Lines, Inc.

I believe that the case of Haszczyn v. Detroit Creamery Co., 281 Mich. 467, controls the present controversy. In that case, 1 Comp. Laws 1929, § 4056 (Stat. Ann. § 9.266), was under consideration and it was held that the violation of the statutory provision did not bar plaintiff’s recovery unless such negligence was the proximate cause of the accident and that, in view of the perfectly apparent conditions in the street, defendant was liable for heedlessly and negligently causing plaintiff’s injuries. The following language from that case (p. 471) is appropriate to the present situation:

“The…